VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00525 Package ID: USCOURTS-cofc-1_14-vv-00525 Petitioner: Louis A. Caputo Filed: 2015-02-25 Decided: 2015-03-20 Vaccine: influenza Vaccination date: 2012-10-29 Condition: Guillain-Barre syndrome [GBS] Outcome: compensated Award amount USD: 244648 AI-assisted case summary: Louis A. Caputo filed a petition on February 25, 2015, alleging that he suffered from Guillain-Barre syndrome (GBS) as a result of receiving an influenza vaccine on October 29, 2012, and experienced residual effects for more than six months. Respondent denied that petitioner suffered GBS or any injury caused by the vaccination, and denied residual effects for more than six months. Despite these denials, the parties filed a joint stipulation for compensation. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $225,000.00 for all damages. Subsequently, the parties filed a stipulation for attorneys' fees and costs. Special Master Gowen awarded $19,648.35, payable jointly to petitioner and his counsel, Lawrence Michel. The total compensation awarded was $244,648.35. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Lawrence Michel, Esq., and respondent was represented by Heather Pearlman, Esq. Theory of causation field: Petitioner Louis A. Caputo alleged that an influenza vaccine administered on October 29, 2012, caused Guillain-Barre syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation and the duration of effects. The parties filed a joint stipulation for compensation, which Special Master Thomas L. Gowen adopted. Petitioner was awarded a lump sum of $225,000.00 for all damages. Subsequently, a stipulation for attorneys' fees and costs was filed, resulting in an additional award of $19,648.35, payable jointly to petitioner and his counsel, Lawrence Michel. The total award was $244,648.35. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. Petitioner's counsel was Lawrence Michel, and respondent's counsel was Heather Pearlman. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00525-0 Date issued/filed: 2015-03-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/25/2015) regarding 18 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00525-UNJ Document 27 Filed 03/18/15 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 14-525V Filed: February 25, 2015 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * LOUIS A. CAPUTO, * * Petitioner, * Stipulation; Damages; Flu; GBS v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence Michel, Esq, Kennedy, Berkley, et al., Salina, KS for petitioner. Heather Pearlman, Esq., U.S. Dep’t. of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: On June 20, 2014, Louis Caputo (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on October 29, 2012, he suffered from Guillain-Barre syndrome [GBS]. Stipulation ¶ 2, 4, filed Feb. 25, 2015. Further, petitioner alleged that he experienced residual effects of this injury for more than six months. Id. at ¶ 4. On February 25, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that petitioner 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:14-vv-00525-UNJ Document 27 Filed 03/18/15 Page 2 of 7 suffered GBS or any other injury that was caused-in-fact by his October 29, 2012 influenza vaccination; denies that his current disabilities are sequelae of this injury; and denies that he experienced residual effects of his injury for more than six months. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: (a) A lump sum of $225,000.00 in the form of a check payable to petitioner, Louis Caputo. This amount represents compensation for all damages that would be available under § 300aa-15(a). The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. Case 1:14-vv-00525-UNJ Document 27 Filed 03/18/15 Page 3 of 7 Case 1:14-vv-00525-UNJ Document 27 Filed 03/18/15 Page 4 of 7 Case 1:14-vv-00525-UNJ Document 27 Filed 03/18/15 Page 5 of 7 Case 1:14-vv-00525-UNJ Document 27 Filed 03/18/15 Page 6 of 7 Case 1:14-vv-00525-UNJ Document 27 Filed 03/18/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00525-1 Date issued/filed: 2015-03-20 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/27/2015) regarding 22 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00525-UNJ Document 28 Filed 03/20/15 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 14-525V Filed: February 27, 2015 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * LOUIS A. CAPUTO, * * Petitioner, * Stipulation; Attorneys’ Fees & Costs v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence Michel, Esq, Kennedy, Berkley, et al., Salina, KS for petitioner. Heather Pearlman, Esq., U.S. Dep’t. of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Gowen, Special Master: In this case under the National Vaccine Injury Compensation Program,2 I issued a decision adopting the parties’ stipulation on February 26, 2015. On February 27, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Additionally, pursuant to General Order #9, petitioner’s counsel asserted that petitioner incurred no personal litigation costs in this matter. Id. at para. 4. The parties’ stipulation indicates that respondent does not object to the amended amount of $19,648.35 in attorneys’ fees and cost that petitioner is requesting. I find that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will delete such material from public access. 2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). Case 1:14-vv-00525-UNJ Document 28 Filed 03/20/15 Page 2 of 2 pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award: • A lump sum of $19,648.35 in the form of a check payable jointly to petitioner and petitioner’s counsel of record, Lawrence Michel, for petitioner’s attorney fees and costs. The clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a).